Chapter 4725: OPTOMETRISTS; DISPENSING OPTICIANS

(1)
The
"practice of optometry" means the application of optical principles, through
technical methods and devices, in the examination of human eyes for the purpose
of ascertaining departures from the normal, measuring their functional powers,
adapting optical accessories for the aid thereof, and detecting ocular
abnormalities that may be evidence of disease, pathology, or injury.

(2)
In
the case of a licensed optometrist who holds a topical ocular pharmaceutical
agents certificate, the "practice of optometry" has the same meaning as in
division (A)(1) of this section, except that it also includes administering
topical ocular pharmaceutical agents.

(3)
In
the case of a licensed optometrist who holds a therapeutic pharmaceutical
agents certificate, the "practice of optometry" has the same meaning as in
division (A)(1) of this section, except that it also includes all of the
following:

(a)
Employing,
applying, administering, and prescribing instruments, devices, and procedures,
other than invasive procedures, for purpose of examination, investigation,
diagnosis, treatment, or prevention of any disease, injury, or other abnormal
condition of the visual system;

(d)
Assisting an
individual in determining the individual's blood glucose level by using a
commercially available glucose-monitoring device. Nothing in this section
precludes a licensed optometrist who holds a therapeutic pharmaceutical agents
certificate from using any particular type of commercially available
glucose-monitoring device.

(B)
"Topical ocular pharmaceutical agent" means a drug or dangerous drug that is a
topical drug and used in the practice of optometry as follows:

(1)
In
the case of a licensed optometrist who holds a topical ocular pharmaceutical
agents certificate, for evaluative purposes in the practice of optometry as set
forth in division (A)(1) of this section;

(2)
In
the case of a licensed optometrist who holds a therapeutic pharmaceutical
agents certificate, for purposes of examination, investigation, diagnosis,
treatment, or prevention of any disease, injury, or other abnormal condition of
the visual system.

(C)
"Therapeutic pharmaceutical agent" means a drug or dangerous drug that is used
for examination, investigation, diagnosis, treatment, or prevention of any
disease, injury, or other abnormal condition of the visual system in the
practice of optometry by a licensed optometrist who holds a therapeutic
pharmaceutical agents certificate, and is any of the following:

(1)
An
oral drug or dangerous drug in one of the following classifications:

(d)
Analgesics,
including only analgesic drugs that are available without a prescription,
analgesic drugs or dangerous drugs that require a prescription but are not
controlled substances, and , to the extent authorized by the state board of
optometry in rules adopted under section
4725.091 of the Revised Code, analgesic controlled substances;

(e)
Anti-inflammatories, excluding all drugs or dangerous drugs classified as oral
steroids other than methylpredisolone,
except that methylpredisolone may be used under a therapeutic pharmaceutical
agents certificate only if it is prescribed under all of the following
conditions:

(iv)
In
an amount that does not exceed the amount packaged for a single course of
therapy.

(2)
Epinephrine administered by injection to individuals in emergency situations to
counteract anaphylaxis or anaphylactic shock. Notwithstanding any provision of
this section to the contrary, administration of epinephrine in this manner does
not constitute performance of an invasive procedure.

(3)
An
oral drug or dangerous drug that is not included under division (C)(1) of this
section, if the drug or dangerous drug is approved, exempt from approval,
certified, or exempt from certification by the federal food and drug
administration for ophthalmic purposes and the drug or dangerous drug is
specified in rules adopted by the state board of optometry under section
4725.09 of the Revised
Code.

(D)
"Controlled
substance" has the same meaning as in section
3719.01 of the Revised
Code.

(E)
"Drug" and
"dangerous drug" have the same meanings as in section
4729.01 of the Revised
Code.

(H)
"Certificate
of licensure" means a certificate issued by the state board of optometry under
section 4725.13 of the Revised Code
authorizing the holder to practice optometry as provided in division (A)(1) of
this section.

(I)
"Topical
ocular pharmaceutical agents certificate" means a certificate issued by the
state board of optometry under section
4725.13 of the Revised Code
authorizing the holder to practice optometry as provided in division (A)(2) of
this section.

(J)
"Therapeutic
pharmaceutical agents certificate" means a certificate issued by the state
board of optometry under division (A)(3) or (4) of section
4725.13 of the Revised Code
authorizing the holder to practice optometry as provided in division (A)(3) of
this section.

In prescribing and dispensing vision correction devices under a
therapeutic pharmaceutical agents certificate, a licensed optometrist may
prescribe and dispense any device that has vision correction as its primary
purpose but also combines with that purpose the delivery of a drug or dangerous
drug through the device, if the drug delivered by the device would otherwise be
a topical ocular pharmaceutical agent or oral therapeutic pharmaceutical agent.
Devices authorized by this section include, but are not limited to,
vision-correcting contact lenses that deliver such drugs or dangerous drugs.

(A)
Except as
provided in section
4725.26 of the Revised Code, no
person shall engage in the practice of optometry, including the determination
of the kind of procedure, treatment, or optical accessories needed by a person
or the examination of the eyes of any person for the purpose of fitting the
same with optical accessories, unless the person holds a current, valid
certificate of licensure from the state board of optometry. No person shall
claim to be the lawful holder of a certificate of licensure when in fact the
person is not such lawful holder, or impersonate any licensed optometrist.

(C)
No optometrist shall
practice optometry as described in division (A)(3) of section
4725.01 of the Revised Code unless
the optometrist holds a valid therapeutic pharmaceutical agents certificate.

(D)
No optometrist shall
personally furnish a therapeutic pharmaceutical agent to any person, except
that a licensed optometrist who holds a therapeutic pharmaceutical agents
certificate may personally furnish a therapeutic pharmaceutical agent to a
patient if no charge is imposed for the agent or for furnishing it and the
amount furnished does not exceed a seventy-two hour supply, except that if the
minimum available quantity of the agent is greater than a seventy-two hour
supply, the optometrist may furnish the minimum available quantity.

The governor, with
the advice and consent of the senate, shall appoint a state board of optometry
consisting of six nonmedical residents of this state, five of whom shall be
persons actually engaged in the practice of optometry for five years preceding
appointment and one of whom shall be a member of the public at least
fifty
years of age. Terms of office shall be five years, commencing on the
twenty-sixth day of September and ending on the twenty-fifth day of September.
Each member shall hold office from the date of appointment until the end of the
term for which appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term. A member shall
continue in office subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of sixty days has
elapsed, whichever occurs first. No person shall serve as a member for more
than two terms.

The state board of optometry shall organize by the election of
a president and a secretary from its members, who shall hold their respective
offices for one year. The board shall hold meetings to perform its regular
duties at least four times each year. At least one of the board's regular
meetings shall be held in Columbus. The board may hold additional meetings as
it considers necessary. The time and place of any regular or other meeting
shall be fixed and published by the board at least thirty days prior to the
date that it is to be held, except when the meeting to be held is an emergency
or special meeting, in which case the board shall give twenty-four hours'
notice or as much notice as possible under the circumstances. A majority of the
board constitutes a quorum, but a lesser number may adjourn from time to time.

The state board of optometry shall employ an executive
director. Before entering upon the discharge of official duties of office, the
executive director shall give a bond, to be approved by the board, in the sum
of two thousand dollars conditioned for the faithful discharge of the duties of
the office. The premium for such bond shall be paid as are other expenditures
of the board. The bond, with the approval of the board and oath of office
indorsed thereon, shall be deposited with the secretary of state and kept in
the secretary of state's office. The board may employ such assistants,
inspectors, investigators, and clerical help as are necessary to administer and
enforce sections
4725.01 to
4725.34 of the Revised Code, the
expenses thereof to be charged and paid as other expenditures of the board.

Each member of the state board of optometry shall receive an
amount fixed pursuant to division (J) of section
124.15 of the Revised Code for each
day actually employed in the discharge of the official duties of the member,
and the necessary expenses of the member. The executive director of the board
shall receive reimbursement for necessary expenses incurred in the discharge of
the executive director's official duties. All vouchers of the board shall be
approved by the board president or executive director, or both, as authorized
by the board.

The state board of optometry shall adopt a seal and certificate
of suitable design and shall keep a record of its proceedings, a register of
persons who have received certificates of licensure, a register of licensed
optometrists who have received topical ocular pharmaceutical agents
certificates, a register of licensed optometrists who have received therapeutic
pharmaceutical agents certificates, and a register of persons who have been
subject to the board's revocation of any of those certificates. The board shall
have an office in Columbus, where all its permanent records shall be kept. The
board may make requisition upon the proper state officials for office rooms and
supplies, including stationery and furniture. All printing and binding
necessary for the work of the board shall be done upon an order issued by the
board through its president and executive director to the department of
administrative services. Except as provided in division (C) of section
4725.22 and division (C) of
section 4725.23 of the Revised Code, the
records of the board, including its registers, shall be open to public
inspection at all reasonable times. A copy of an entry in such records,
certified by the executive director under the seal of the board, shall be
prima-facie evidence of the facts therein stated. The board annually, on or
before the first day of February, shall make a report to the governor of all
its official acts during the preceding year, its receipts and disbursements,
and a complete report of the conditions of optometry in this state.

In the absence of fraud or bad faith, the state board of
optometry, a current or former board member, an agent of the board, a person
formally requested by the board to be the board's representative, or an
employee of the board shall not be held liable in damages to any person as the
result of any act, omission, proceeding, conduct, or decision related to
official duties undertaken or performed pursuant to sections
4725.01 to
4725.34 of the Revised Code. If
any such person asks to be defended by the state against any claim or action
arising out of any act, omission, proceeding, conduct, or decision related to
the person's official duties, and if the request is made in writing at a
reasonable time before trial and the person requesting defense cooperates in
good faith in the defense of the claim or action, the state shall provide and
pay for the person's defense and shall pay any resulting judgment, compromise,
or settlement. At no time shall the state pay any part of a claim or judgment
that is for punitive or exemplary damages.

(A)
The state
board of optometry shall adopt rules as it considers necessary to govern the
practice of optometry and to administer and enforce sections
4725.01 to
4725.34 of the Revised Code. All
rules adopted under those sections shall be adopted in accordance with Chapter
119. of the Revised Code.

(B)
The
board, in consultation with the state board of pharmacy, shall adopt rules
specifying any oral drugs or dangerous drugs that are therapeutic
pharmaceutical agents under division (C)(3) of section
4725.01 of the Revised Code.

(C)
The board shall adopt rules
that establish standards to be met and procedures to be followed with respect
to the delegation by an optometrist of the performance of an optometric task to
a person who is not licensed or otherwise specifically authorized by the
Revised Code to perform the task. The rules shall permit an optometrist who
holds a topical ocular pharmaceutical agents certificate or therapeutic
pharmaceutical agents certificate to delegate the administration of drugs
included in the optometrist's scope of practice. The rules adopted under this
division shall provide for all of the following:

(1)
On-site supervision when the delegation
occurs in an institution or other facility that is used primarily for the
purpose of providing health care, unless the board established a specific
exception to the on-site supervision requirement with respect to routine
administration of a topical drug;

(2)
Evaluation of whether delegation is
appropriate according to the acuity of the patient involved;

(3)
Training and competency requirements that
must be met by the person administering the drugs;

(A)
The
state board of optometry shall adopt rules governing the authority of licensed
optometrists practicing under therapeutic
pharmaceutical agents certificates to employ, apply, administer, and
prescribe analgesic controlled substances
. The rules shall be adopted in accordance with Chapter
119. of the Revised Code and in consultation with the state board of
pharmacy.

(B)
All of the
following apply to the state board of optometry in the adoption of rules under
this section:

(1)
The board
shall not permit an optometrist to employ, apply, administer, or prescribe
an
analgesic controlled substance other than a drug
product that is used for the treatment of pain and
meets one of the following conditions:

(a)
The product is a preparation that contains an amount
of codeine per dosage unit, as specified by the board, and also contains other
active, nonnarcotic ingredients, such as acetaminophen or aspirin, in a
therapeutic amount.

(b)
The product is a preparation that contains an amount
of hydrocodone per dosage unit, as specified by the board, and also contains
other active, nonnarcotic ingredients, such as acetaminophen, aspirin, or
ibuprofen, in a therapeutic amount.

(c)
The product contains or consists of a drug or
dangerous drug that was an analgesic included in the practice of optometry
under a therapeutic pharmaceutical agents certificate immediately prior to the
effective date of this amendment, was not a controlled substance at that time,
and subsequently becomes a schedule II, III, IV, or V controlled
substance.

(2)
The
board shall limit the analgesic controlled substances that optometrists
may employ, apply, administer, or prescribe to the drugs that the board
determines are appropriate for use in the practice of optometry under a
therapeutic pharmaceutical agents certificate.

(3)
With regard to the prescribing of analgesic controlled substances,
the board shall establish prescribing standards to be followed by optometrists
who hold therapeutic pharmaceutical agents certificates. The board shall take
into account the prescribing standards that exist within the health care
marketplace.

(4)
The board
shall establish standards and procedures for employing, applying,
administering, and prescribing analgesic controlled substances
under a therapeutic pharmaceutical agents certificate by taking into
consideration and examining issues that include the appropriate length of drug
therapy, appropriate standards for drug treatment, necessary monitoring
systems, and any other factors the board considers relevant.

The state board of optometry shall
adopt rules that establish standards and procedures to be followed by an
optometrist who holds a therapeutic pharmaceutical agents certificate regarding
the review of patient information available through the drug database under
division (A)(5) of section
4729.80 of the Revised Code. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

(C)
This section and
the rules adopted under it do not apply if the state board of pharmacy no
longer maintains the drug database.

(A)
The state
board of optometry shall evaluate schools of optometry and grant its approval
to schools that adequately prepare their graduates for the practice of
optometry in this state. Approval shall be granted only by an affirmative vote
of a majority of the members of the board.

(B)
To be approved by the board, a school of
optometry shall meet at least the following conditions:

(1)
Be accredited by a professional
optometric accrediting agency recognized by the board;

(2)
Require as a prerequisite to admission to
the school's courses in optometry at least two academic years of study with
credits of at least sixty semester hours or ninety quarter hours in a college
of arts and sciences accredited by a post-secondary education accrediting
organization recognized by the board;

(3)
Require a course of study of at least
four academic years with credits of at least one hundred thirty-four semester
hours or two hundred quarter hours.

(C)
The board may establish standards for the
approval of schools of optometry that are higher than the standards specified
in division (B) of this section.

(A)
The state board of optometry shall accept
as the examination that must be passed to receive a license to practice
optometry in this state the examination prepared, administered, and graded by
the national board of examiners in optometry or an examination prepared,
administered, and graded by another professional testing organization
recognized by the board as being qualified to examine applicants for licenses
to practice optometry in this state. The board shall periodically review its
acceptance of a licensing examination under this section to determine if the
examination and the organization offering it continue to meet standards the
board considers appropriate.

(B)
The licensing examination accepted by the board under this section may be
divided into parts and offered as follows:

(3)
Part three:
tests in patient care and management, clinical skills, and the visual
recognition and interpretation of clinical signs.

(C)
The licensing examination accepted by the
board may be offered in a manner other than the manner specified in division
(B) of this section, but if offered in another manner, the examination must
test the person sitting for the examination in the areas specified in division
(B) of this section and may test the person in other areas. The board may
require as a condition of its acceptance of an examination that the examination
cover subject matters in addition to those specified in division (B) of this
section, if the schools of optometry it approves under section
4725.10 of the Revised Code
include the additional subject matters in their prescribed curriculum.

(D)
The board shall accept direct
delivery of the results of the licensing examination from the testing
organization administering the examination. The results shall be kept as a
permanent part of the board's records maintained pursuant to section
4725.07 of the Revised Code.

(E)
On request of any person
seeking to practice optometry in this state, the board shall provide
information on the licensing examination accepted by the board, including
requirements that must be met to be eligible to sit for the examination and the
dates the examination is offered.

(A)
Each person
who desires to commence the practice of optometry in the state shall file with
the executive director of the state board of optometry a written application
for a certificate of licensure and a therapeutic pharmaceutical agents
certificate. The application shall be accompanied by the fees specified under
section 4725.34 of the Revised Code and
shall contain all information the board considers necessary to determine
whether an applicant is qualified to receive the certificates. The application
shall be made upon the form prescribed by the board and shall be verified by
the oath of the applicant.

(B)
To
receive a certificate of licensure and a therapeutic pharmaceutical agents
certificate, an applicant must meet all of the following conditions:

(A)
As used in this section, "license" and
"applicant for an initial license" have the same meanings as in section
4776.01 of the Revised Code,
except that "license" as used in both of those terms refers to the types of
authorizations otherwise issued or conferred under this chapter.

(B)
In addition to any other eligibility
requirement set forth in this chapter, each applicant for an initial license
shall comply with sections
4776.01 to
4776.04 of the Revised Code. The
state board of optometry shall not grant a license to an applicant for an
initial license unless the applicant complies with sections
4776.01 to
4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a license issued pursuant to
section 4725.13 or
4725.18 of the Revised Code.

(A)
The
state board of optometry, by an affirmative vote of a majority of its members,
shall issue certificates under its seal as follows:

(1)
Every applicant who, prior to May 19,
1992, passed the licensing examination then in effect, and who otherwise
complies with sections
4725.01 to
4725.34 of the Revised Code shall
receive from the board a certificate of licensure authorizing the holder to
engage in the practice of optometry as provided in division (A)(1) of section
4725.01 of the Revised Code.

(2)
Every applicant who, prior to
May 19, 1992, passed the general and ocular pharmacology examination then in
effect, and who otherwise complies with sections
4725.01 to
4725.34 of the Revised Code, shall
receive from the board a separate topical ocular pharmaceutical agents
certificate authorizing the holder to administer topical ocular pharmaceutical
agents as provided in division (A)(2) of section
4725.01 of the Revised Code and in
accordance with sections
4725.01 to
4725.34 of the Revised Code.

(3)
Every applicant who holds a
valid certificate of licensure issued prior to May 19, 1992, and meets the
requirements of section
4725.14 of the Revised Code shall
receive from the board a separate therapeutic pharmaceutical agents certificate
authorizing the holder to engage in the practice of optometry as provided in
division (A)(3) of section
4725.01 of the Revised Code.

(4)
Every applicant who, on or
after May 19, 1992, passes all parts of the licensing examination accepted by
the board under section
4725.11 of the Revised Code and
otherwise complies with the requirements of sections
4725.01 to
4725.34 of the Revised Code shall
receive from the board a certificate of licensure authorizing the holder to
engage in the practice of optometry as provided in division (A)(1) of section
4725.01 of the Revised Code and a
separate therapeutic pharmaceutical agents certificate authorizing the holder
to engage in the practice of optometry as provided in division (A)(3) of that
section.

(B)
Each
person to whom a certificate is issued by the board shall keep the certificate
displayed in a conspicuous place in the location at which that person practices
optometry and shall whenever required exhibit the certificate to any member or
agent of the board. If an optometrist practices outside of or away from the
location at which the optometrist's certificate of licensure is displayed, the
optometrist shall deliver to each person examined or fitted with optical
accessories by the optometrist, a receipt signed by the optometrist in which
the optometrist shall set forth the amounts charged, the optometrist's
post-office address, and the number assigned to the optometrist's certificate
of licensure. The information may be provided as part of a prescription given
to the person.

(C)
A person who,
on May 19, 1992, holds a valid certificate of licensure or topical ocular
pharmaceutical agents certificate issued by the board may continue to engage in
the practice of optometry as provided by the certificate of licensure or
topical ocular pharmaceutical agents certificate if the person continues to
comply with sections
4725.01 to
4725.34 of the Revised Code as
required by the certificate of licensure or topical ocular pharmaceutical
agents certificate.

(A)
The following apply to an optometrist
licensed on or before May 19, 1992, who is seeking a therapeutic pharmaceutical
agents certificate under division (A)(3) of section
4725.13 of the Revised Code:

(1)
If the optometrist does not hold a valid
topical ocular pharmaceutical agents certificate, the optometrist shall
complete the course of study in general and ocular pharmacology prescribed by
the board under division (B)(1) of this section, a three clock-hour course in
cardiopulmonary resuscitation, and pass the portion of the optometry licensing
examination accepted by the board under section
4725.11 of the Revised Code that
pertains to the treatment and management of ocular disease.

(2)
If the optometrist holds a valid topical
ocular pharmaceutical agents certificate, the optometrist shall complete the
course of study in general and ocular pharmacology prescribed under division
(B)(2) of this section and pass the portion of the optometry licensing
examination accepted by the board under section
4725.11 of the Revised Code that
pertains to the treatment and management of ocular disease.

(1)
An
eighty-seven clock-hour course of study to be completed at an institution
accredited by a post-secondary education accrediting organization recognized by
the board. The course of study shall include instruction in at least the
following:

(a)
General and ocular
pharmacology, including the nature of adverse reactions caused by
pharmaceutical agents and emergency steps to be taken in such cases;

(2)
A thirty clock-hour course of study that
emphasizes the treatment of ocular disease to be completed at an institution
accredited by a post-secondary education accreditation organization that is
recognized by the board.

If the state board of optometry receives notice under division
(D) of section
4725.11 of the Revised Code that
an applicant has failed four times the licensing examination or part of the
examination that must be passed pursuant to section
4725.12 or
4725.14 of the Revised Code, the
board shall not give further consideration to the application until the
applicant completes thirty hours of remedial training approved by the board in
the specific subject area or areas covered by the examination or part of the
examination that was failed.

(1)
Each certificate of licensure, topical ocular pharmaceutical agents
certificate, and therapeutic pharmaceutical agents certificate issued by the
state board of optometry shall expire annually on the last day of December, and
may be renewed in accordance with this section and the standard renewal
procedure established under Chapter 4745. of the Revised Code.

(2)
An
optometrist seeking to continue to practice optometry shall file with the board
an application for license renewal. The application shall be in such form and
require such pertinent professional biographical data as the board may
require.

(a)
Except as provided in division (A)(3)(b) of this section, in the case of an
optometrist seeking renewal who holds a therapeutic pharmaceutical
agents certificate and who prescribes or personally furnishes
analgesic controlled substances authorized pursuant to
section 4725.091 of the Revised Code
that are opioid analgesics , as defined in section
3719.01 of the Revised
Code, the optometrist shall certify to the board whether the optometrist
has been granted access to the drug database established and maintained by the
state board of pharmacy pursuant to section
4729.75 of the Revised
Code.

(b)
The
requirement in division (A)(3)(a) of this section does not apply if
any
of the following is the case:

(i)
The state
board of pharmacy notifies the state board of optometry pursuant to section
4729.861 of the Revised Code
that the certificate holder has been restricted from obtaining further
information from the drug database.

(ii)
The state board of pharmacy no longer maintains the drug database.

(iii)
The certificate holder does not practice optometry in
this state.

(c)
If
an optometrist certifies to the state board of optometry that the optometrist
has been granted access to the drug database and the board finds through an
audit or other means that the optometrist has not been granted access, the
board may take action under section
4725.19 of the Revised
Code.

(B)
All
licensed optometrists shall annually complete continuing education in subjects
relating to the practice of optometry, to the end that the utilization and
application of new techniques, scientific and clinical advances, and the
achievements of research will assure comprehensive care to the public. The
board shall prescribe by rule the continuing optometric education that licensed
optometrists must complete. The length of study shall be twenty-five clock
hours each year, including ten clock hours of instruction in pharmacology to be
completed by all licensed optometrists.

Unless the continuing
education required under this division is waived or deferred under division (D)
of this section, the continuing education must be completed during the
twelve-month period beginning on the first day of October and ending on the
last day of September. If the board receives notice from a continuing education
program indicating that an optometrist completed the program after the last day
of September, and the optometrist wants to use the continuing education
completed after that day to renew the license that expires on the last day of
December of that year, the optometrist shall pay the penalty specified under
section 4725.34 of the Revised Code for
late completion of continuing education.

At least once annually,
the board shall post on its web site and shall mail, or send by electronic
mail, to each licensed optometrist a list of courses approved in accordance
with standards prescribed by board rule. Upon the request of a licensed
optometrist, the executive director of the board shall supply a list of
additional courses that the board has approved subsequent to the most recent
web site posting, electronic mail transmission, or mailing of the list of
approved courses.

(1)
Annually, not later than the first day of November, the board shall mail or
send by electronic mail a notice regarding license renewal to each licensed
optometrist who may be eligible for renewal. The notice shall be sent to the
optometrist's most recent electronic mail or mailing address shown in the
board's records. If the board knows that the optometrist has completed the
required continuing optometric education for the year, the board may include
with the notice an application for license renewal.

(2)
Filing a license renewal application with the board shall serve as notice by
the optometrist that the continuing optometric education requirement has been
successfully completed. If the board finds that an optometrist has not
completed the required continuing optometric education, the board shall
disapprove the optometrist's application. The board's disapproval of renewal is
effective without a hearing, unless a hearing is requested pursuant to Chapter
119. of the Revised Code.

(3)
The
board shall refuse to accept an application for renewal from any applicant
whose license is not in good standing or who is under disciplinary review
pursuant to section 4725.19 of the Revised
Code.

(4)
Notice of an
applicant's failure to qualify for renewal shall be served upon the applicant
by mail. The notice shall be sent not later than the fifteenth day of November
to the applicant's last address shown in the board's records.

(D)
In cases of
certified illness or undue hardship, the board may waive or defer for up to
twelve months the requirement of continuing optometric education, except that
in such cases the board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold topical ocular
pharmaceutical agents certificates or therapeutic pharmaceutical agents
certificates. The board shall waive the requirement of continuing optometric
education for any optometrist who is serving on active duty in the armed forces
of the United States or a reserve component of the armed forces of the United
States, including the Ohio national guard or the national guard of any other
state or who has received an initial certificate of licensure during the
nine-month period which ended on the last day of September.

(E)
An
optometrist whose renewal application has been approved may renew each
certificate held by paying to the treasurer of state the fees for renewal
specified under section
4725.34 of the Revised Code. On
payment of all applicable fees, the board shall issue a renewal of the
optometrist's certificate of licensure, topical ocular pharmaceutical agents
certificate, and therapeutic pharmaceutical agents certificate, as
appropriate.

(F)
Not later
than the fifteenth day of December, the board shall mail or send by electronic
mail a second notice regarding license renewal to each licensed optometrist who
may be eligible for renewal but did not respond to the notice sent under
division (C)(1) of this section. The notice shall be sent to the optometrist's
most recent electronic mail or mailing address shown in the board's records. If
an optometrist fails to file a renewal application after the second notice is
sent, the board shall send a third notice regarding license renewal prior to
any action under division (I) of this section to classify the optometrist's
certificates as delinquent.

(G)
The
failure of an optometrist to apply for license renewal or the failure to pay
the applicable annual renewal fees on or before the date of expiration, shall
automatically work a forfeiture of the optometrist's authority to practice
optometry in this state.

(H)
The
board shall accept renewal applications and renewal fees that are submitted
from the first day of January to the last day of April of the year next
succeeding the date of expiration. An individual who submits such a late
renewal application or fee shall pay the late renewal fee specified in section
4725.34 of the Revised
Code.

(1)
If
the certificates issued by the board to an individual have expired and the
individual has not filed a complete application during the late renewal period,
the individual's certificates shall be classified in the board's records as
delinquent.

(2)
Any
optometrist subject to delinquent classification may submit a written
application to the board for reinstatement. For reinstatement to occur, the
applicant must meet all of the following conditions:

(a)
Submit to the board evidence of compliance with board rules requiring
continuing optometric education in a sufficient number of hours to make up for
any delinquent compliance;

(b)
Pay
the renewal fees for the year in which application for reinstatement is made
and the reinstatement fee specified under division (A)(8) of section
4725.34 of the Revised
Code;

(c)
Pass all or
part of the licensing examination accepted by the board under section
4725.11 of the Revised Code as
the board considers appropriate to determine whether the application for
reinstatement should be approved;

(d)
If
the applicant has been practicing optometry in another state or country, submit
evidence that the applicant's license to practice optometry in the other state
or country is in good standing.

(3)
The
board shall approve an application for reinstatement if the conditions
specified in division (I)(2) of this section are met. An optometrist who
receives reinstatement is subject to the continuing education requirements
specified under division (B) of this section for the year in which
reinstatement occurs.

(A)
An
optometrist who intends not to continue practicing optometry in this state due
to retirement or a decision to practice in another state or country may apply
to the state board of optometry to have the certificates issued to the
optometrist placed on inactive status. Application for inactive status shall
consist of a written notice to the board of the optometrist's intention to no
longer practice in this state. The board may not accept an application
submitted after the applicant's certificate of licensure and any other
certificates have expired. The board may approve an application for placement
on inactive status only if the applicant's certificates are in good standing
and the applicant is not under disciplinary review pursuant to section
4725.19 of the Revised Code.

(B)
An individual whose
certificates have been placed on inactive status may submit a written
application to the board for reinstatement. For reinstatement to occur, the
applicant must meet all of the following conditions:

(1)
Pay the renewal fees for the year in
which application for reinstatement is made and the reinstatement fee specified
under division (A)(9) of section
4725.34 of the Revised Code;

(2)
Pass all or part of the
licensing examination accepted by the board under section
4725.11 of the Revised Code as the
board considers appropriate, if the board considers examination necessary to
determine whether the application for reinstatement should be approved;

(3)
If the applicant has been
practicing optometry in another state or country, submit evidence of being in
the active practice of optometry in the other state or country and evidence
that the applicant's license to practice in the other state or country is in
good standing.

(C)
The
board shall approve an application for reinstatement if the conditions
specified in division (B) of this section are met. An optometrist who receives
reinstatement is subject to the continuing education requirements specified
under section
4725.16 of the Revised Code for
the year in which reinstatement occurs.

(A)
An
optometrist who discontinued practicing optometry in this state due to
retirement or a decision to practice in another state or country before the
state board of optometry accepted applications for placement of certificates to
practice on inactive status pursuant to section
4725.17 of the Revised Code may
apply to the board to have the optometrist's certificates reinstated. The board
may accept an application for reinstatement only if, at the time the
optometrist's certificates expired, the certificates were in good standing and
the optometrist was not under disciplinary review by the board.

(B)
For reinstatement to occur, the applicant
must meet all of the following conditions:

(1)
Pay the renewal fees for the year in
which application for reinstatement is made and the reinstatement fee specified
under division (A)(10) of section
4725.34 of the Revised Code;

(2)
Pass all or part of the
licensing examination accepted by the board under section
4725.11 of the Revised Code as the
board considers appropriate, if the board considers examination necessary to
determine whether the application for reinstatement should be approved;

(3)
If the applicant has been
practicing optometry in another state or country, submit evidence of being in
the active practice of optometry in the other state or country and evidence
that the applicant's license to practice in the other state or country is in
good standing.

(C)
The
board shall approve an application for reinstatement if the conditions
specified in division (B) of this section are met. An optometrist who receives
reinstatement is subject to the continuing education requirements specified
under section
4725.16 of the Revised Code for
the year in which reinstatement occurs.

(A)
The state board of optometry may issue a
certificate of licensure and therapeutic pharmaceutical agents certificate by
endorsement to an individual licensed as an optometrist by another state or a
Canadian province if the board determines that the other state or province has
standards for the practice of optometry that are at least as stringent as the
standards established under sections
4725.01 to
4725.34 of the Revised Code and
the individual meets the conditions specified in division (B) of this section.
The certificates may be issued only by an affirmative vote of a majority of the
board's members.

(B)
An individual
seeking a certificate of licensure and therapeutic pharmaceutical agents
certificate pursuant to this section shall submit an application to the board.
To receive the certificates, an applicant must meet all of the following
conditions:

(1)
Meet the same qualifications
that an individual must meet under divisions (B)(1) to (4) of section
4725.12 of the Revised Code to
receive a certificate of licensure and therapeutic pharmaceutical agents
certificate under that section;

(2)
Be licensed to practice optometry by a
state or province that requires passage of a written, entry-level examination
at the time of initial licensure;

(3)
Be licensed in good standing by the
optometry licensing agency of the other state or province, evidenced by
submission of a letter from the licensing agency of the other state or province
attesting to the applicant's good standing;

(4)
Provide the board with certified reports
from the optometry licensing agencies of all states and provinces in which the
applicant is licensed or has been licensed to practice optometry describing all
past and pending actions taken by those agencies with respect to the
applicant's authority to practice optometry in those jurisdictions, including
such actions as investigations, entering into consent agreements, suspensions,
revocations, and refusals to issue or renew a license;

(5)
Have been actively engaged in the
practice of optometry, including the use of therapeutic pharmaceutical agents,
for at least three years immediately preceding making application under this
section;

(6)
Pay the nonrefundable
application fees established under section
4725.34 of the Revised Code for a
certificate of licensure and therapeutic pharmaceutical agents certificate;

(7)
Submit all transcripts,
reports, or other information the board requires;

(8)
Participate in a two-hour instruction
session provided by the board on the optometry statutes and rules of this state
or pass an Ohio optometry jurisprudence test administered by the board;

(9)
Pass all or part of the
licensing examination accepted by the board under section
4725.11 of the Revised Code, if
the board determines that testing is necessary to determine whether the
applicant's qualifications are sufficient for issuance of a certificate of
licensure and therapeutic pharmaceutical agents certificate under this section
;

(10)
Not have been previously
denied issuance of a certificate by the board.

(A)
In
accordance with Chapter 119. of the Revised Code and by an affirmative vote of
a majority of its members, the state board of optometry, for any of the reasons
specified in division (B) of this section, shall refuse to grant a certificate
of licensure to an applicant and may, with respect to a licensed optometrist,
do one or more of the following:

(1)
Suspend the
operation of any certificate of licensure, topical ocular pharmaceutical agents
certificate, or therapeutic pharmaceutical agents certificate, or all
certificates granted by it to the optometrist;

(5)
Impose a
monetary penalty. If the reason for which the board is imposing the penalty
involves a criminal offense that carries a fine under the Revised Code, the
penalty shall not exceed the maximum fine that may be imposed for the criminal
offense. In any other case, the penalty imposed by the board shall not exceed
five hundred dollars.

The amount and content of
corrective action courses shall be established by the board in rules adopted
under section 4725.09 of the Revised
Code.

(B)
The
sanctions specified in division (A) of this section may be taken by the board
for any of the following reasons:

(1)
Committing
fraud in passing the licensing examination or making false or purposely
misleading statements in an application for a certificate of
licensure;

(2)
Being at any
time guilty of immorality, regardless of the jurisdiction in which the act was
committed;

(3)
Being guilty
of dishonesty or unprofessional conduct in the practice of optometry;

(4)
Being at any time guilty of a felony, regardless of the jurisdiction in which
the act was committed;

(5)
Being at any
time guilty of a misdemeanor committed in the course of practice, regardless of
the jurisdiction in which the act was committed;

(6)
Violating the conditions of any limitation or other restriction placed by the
board on any certificate issued by the board;

(7)
Engaging in the practice of optometry as provided in division (A)(1), (2), or
(3) of section 4725.01 of the Revised Code when
the certificate authorizing that practice is under suspension, in which case
the board shall permanently revoke the certificate;

(8)
Being denied a license to practice optometry in another state or country or
being subject to any other sanction by the optometric licensing authority of
another state or country, other than sanctions imposed for the nonpayment of
fees;

(9)
Departing
from or failing to conform to acceptable and prevailing standards of care in
the practice of optometry as followed by similar practitioners under the same
or similar circumstances, regardless of whether actual injury to a patient is
established;

(11)
Advertising a price of optical accessories, eye examinations, or other products
or services by any means that would deceive or mislead the public;

(12)
Being addicted to the use of alcohol, stimulants, narcotics, or any other
substance which impairs the intellect and judgment to such an extent as to
hinder or diminish the performance of the duties included in the person's
practice of optometry;

(13)
Engaging in
the practice of optometry as provided in division (A)(2) or (3) of section
4725.01 of the Revised Code
without authority to do so or, if authorized, in a manner inconsistent with the
authority granted;

(14)
Failing to
make a report to the board as required by division (A) of section
4725.21 or section
4725.31 of the Revised
Code;

(15)
Soliciting
patients from door to door or establishing temporary offices, in which case the
board shall suspend all certificates held by the optometrist;

(a)
Waiving the
payment of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or plan that
covers optometric services, would otherwise be required to pay if the waiver is
used as an enticement to a patient or group of patients to receive health care
services from that optometrist.

(b)
Advertising that the optometrist will waive the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers optometric services, would
otherwise be required to pay.

(17)
Failing to comply with the requirements in section
3719.061 of the Revised Code
before issuing for a minor a prescription for
an analgesic controlled substance authorized pursuant
to section 4725.091 of the Revised Code
that is an opioid analgesic, as defined in
section 3719.01 of the Revised
Code.

(C)
Any person
who is the holder of a certificate of licensure, or who is an applicant for a
certificate of licensure against whom is preferred any charges, shall be
furnished by the board with a copy of the complaint and shall have a hearing
before the board in accordance with Chapter 119. of the Revised Code.

(D)
Sanctions shall not be imposed under division (B)(17) of this section against
any optometrist who waives deductibles and copayments:

(1)
In
compliance with the health benefit plan that expressly allows such a practice.
Waiver of the deductibles or copayments shall be made only with the full
knowledge and consent of the plan purchaser, payer, and third-party
administrator. Documentation of the consent shall be made available to the
board upon request.

(2)
For
professional services rendered to any other optometrist licensed by the board,
to the extent allowed by sections
4725.01 to
4725.34 of the Revised Code and
the rules of the board.

On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
state board of optometry shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a license or certificate issued by the board under this chapter.

(A)
If an optometrist licensed by the state
board of optometry has reason to believe that another optometrist licensed
currently or previously by the board has engaged in any course of treatment or
other services to a patient that constitutes unprofessional conduct under
section 4725.19 of the Revised Code, or
has an addiction subject to board action under section
4725.19 of the Revised Code, the
optometrist shall make a report to the board.

(B)
Any person may report to the board in a
signed writing any information that the person may have that appears to show a
violation of any provision of sections
4725.01 to
4725.34 of the Revised Code or the
rules adopted under those sections.

(C)
Each complaint or allegation of a
violation received by the board shall be assigned a case number and shall be
recorded by the board.

(D)
In the
absence of fraud or bad faith, no person who reports to the board under this
section or testifies in any adjudication conducted under Chapter 119. of the
Revised Code shall be liable to any person for damages in a civil action as a
result of the report or testimony.

(A)
Each
insurer providing professional liability insurance to an optometrist licensed
under this chapter, or any other entity that seeks to indemnify the
professional liability of an optometrist licensed under this chapter, shall
notify the state board of optometry within thirty days after the final
disposition of a claim for damages. The notice shall contain the following
information:

(5)
If applicable, the identity of the court
in which the final disposition of the claim took place.

(B)
Each optometrist licensed under this
chapter shall notify the board within thirty days of receipt of the final
disposition of a claim for damages or any action involving malpractice. The
optometrist shall notify the board by registered mail and shall provide all
reports and other information required by the board.

(C)
Information received under this section
is not a public record for purposes of section
149.43 of the Revised Code and
shall not be released except as otherwise required by law or a court of
competent jurisdiction.

(A)
The state board of optometry shall
investigate evidence that appears to show that a person has violated any
provision of sections
4725.01 to
4725.34 of the Revised Code or any
rule adopted under those sections. Investigations of alleged violations shall
be supervised by the member of the board appointed by the board to act as the
supervising member of investigations. The supervising member shall not
participate in the final vote that occurs in an adjudication of the case.

(B)
In investigating a possible
violation, the board may administer oaths, order the taking of depositions,
issue subpoenas, and compel the attendance of witnesses and production of
books, accounts, papers, records, documents, and testimony. A subpoena for
patient record information shall not be issued without consultation with the
attorney general's office and approval of the secretary of the board and the
board's supervising member of investigations. Before issuance of a subpoena for
patient record information, the secretary and supervising member shall
determine whether there is probable cause to believe that the complaint filed
alleges a violation of sections
4725.01 to
4725.34 of the Revised Code or any
rule adopted under those sections and that the records sought are relevant to
the alleged violation and material to the investigation. The subpoena may apply
only to records that cover a reasonable period of time surrounding the alleged
violation. On failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move for an
order compelling the production of persons or records pursuant to the Rules of
Civil Procedure. A subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee designated by the board. Service of a
subpoena issued by the board may be made by delivering a copy of the subpoena
to the person named therein, reading it to the person, or leaving it at the
person's usual place of residence. When the person being served is an
optometrist licensed under this chapter, service of the subpoena may be made by
certified mail, restricted delivery, return receipt requested, and the subpoena
shall be deemed served on the date delivery is made or the date the optometrist
refuses to accept delivery. Each witness who appears before the board in
obedience to a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(C)
Information received by the
board pursuant to an investigation is confidential and not subject to discovery
in any civil action. The board shall conduct all investigations and proceedings
in a manner that protects the confidentiality of patients and persons who file
complaints with the board. The board shall not make public the names or any
other identifying information about patients or complainants unless proper
consent is given. The board may share any information it receives pursuant to
an investigation, including patient records and patient record information,
with other licensing boards and governmental agencies that are investigating
alleged professional misconduct and with law enforcement agencies and other
governmental agencies that are investigating or prosecuting alleged criminal
offenses. A board or agency that receives the information shall comply with the
same requirements regarding confidentiality as those with which the state board
of optometry must comply, notwithstanding any conflicting provision of the
Revised Code or procedure of the board or agency that applies when the board or
agency is dealing with other information in its possession. The information may
be admitted into evidence in a criminal trial in accordance with the Rules of
Evidence, but the court shall require that appropriate measures are taken to
ensure that confidentiality is maintained with respect to any part of the
information that contains names or other identifying information about persons
whose confidentiality was protected by the state board of optometry when the
information was in the board's possession. Measures to ensure confidentiality
that may be taken by the court include sealing its records or deleting specific
information from its records.

If the secretary of the state board of optometry and the
board's supervising member of investigations determine that there is clear and
convincing evidence that an optometrist has violated division (B) of section
4725.19 of the Revised Code and
that the optometrist's continued practice presents a danger of immediate and
serious harm to the public, they may recommend that the board suspend without a
prior hearing the optometrist's certificate of licensure and any other
certificates held by the optometrist. Written allegations shall be prepared for
consideration by the full board. The board, upon review of those allegations
and by an affirmative vote of three members other than the secretary and
supervising member may order the suspension without a prior hearing. A
telephone conference call may be utilized for reviewing the allegations and
taking the vote on the summary suspension. The board shall issue a written
order of suspension by certified mail or in person in accordance with section
119.07 of the Revised Code. The
order shall not be subject to suspension by the court during pendency of any
appeal filed under section
119.12 of the Revised Code. If the
individual subject to the summary suspension requests an adjudicatory hearing
by the board, the date set for the hearing shall be within fifteen days, but
not earlier than seven days, after the individual requests the hearing, unless
otherwise agreed to by both the board and the individual. Any summary
suspension imposed under this division shall remain in effect, unless reversed
on appeal, until a final adjudicative order issued by the board pursuant to
section 4725.19 of the Revised Code and
Chapter 119. of the Revised Code becomes effective. The board shall issue its
final adjudicative order within sixty days after completion of its hearing. A
failure to issue the order within sixty days shall result in dissolution of the
summary suspension order but shall not invalidate any subsequent, final
adjudicative order.

Sections
4725.01 to
4725.34 of the Revised Code do not
confer on an optometrist the title of medical doctor, physician, surgeon,
oculist, ophthalmologist, or any other word or abbreviation indicating that the
optometrist is engaged in the practice of medicine.

Division (A) of section
4725.02 of the Revised Code does
not apply to the following:

(A)
Physicians authorized to practice medicine and surgery or osteopathic medicine
and surgery under Chapter 4731. of the Revised Code;

(B)
Persons who sell optical accessories but
do not assume to adapt them to the eye, and neither practice nor profess to
practice optometry;

(C)
An
instructor in a school of optometry that is located in this state and approved
by the state board of optometry under section
4725.10 of the Revised Code who
holds a valid current license to practice optometry from a licensing body in
another jurisdiction and limits the practice of optometry to the instruction of
students enrolled in the school.

(D)
A student enrolled in a school of
optometry, located in this or another state and approved by the board under
section 4725.10 of the Revised Code, while
the student is participating in this state in an optometry training program
provided or sponsored by the school, if the student acts under the direct,
personal supervision and control of an optometrist licensed by the board or
authorized to practice pursuant to division (C) of this section.

(E)
An individual who is licensed or
otherwise specifically authorized by the Revised Code to engage in an activity
that is included in the practice of optometry.

(F)
An individual who is not licensed or
otherwise specifically authorized by the Revised Code to engage in an activity
that is included in the practice of optometry, but is acting pursuant to the
rules for delegation of optometric tasks adopted under section
4725.09 of the Revised Code.

The testimony and reports of an optometrist licensed by the
state board of optometry under this chapter shall be received by any state,
county, municipal, school district, or other public board, body, agency,
institution, or official and by any private educational or other institution
receiving public funds as competent evidence with respect to any matter within
the scope of the practice of optometry. No such board, body, agency, official,
or institution shall interfere with any individual's right to a free choice of
receiving services from either an optometrist or a physician. No such board,
body, agency, official, or institution shall discriminate against an
optometrist performing procedures that are included in the practice of
optometry as provided in division (A)(2) or (3) of section
4725.01 of the Revised Code if the
optometrist is licensed under this chapter to perform those procedures.

(A)
As used in this section, "supplier" means
any person who prepares or sells optical accessories or other vision correcting
items, devices, or procedures.

(B)
A licensed optometrist, on completion of a vision examination and diagnosis,
shall give each patient for whom the optometrist prescribes any vision
correcting item, device, or procedure, one copy of the prescription, without
additional charge to the patient. The prescription shall include the following:

(2)
Sufficient information to enable the
patient to obtain from the supplier of the patient's choice, the optical
accessory or other vision correcting item, device, or procedure that has been
prescribed;

(3)
In the case of
contact lenses, all information specified as part of a contact lens
prescription, as defined in the "Fairness to Contact Lens Consumers Act," 117
Stat. 2024 (2003), 15 U.S.C.
7610.

(C)
Any supplier who fills a prescription for
contact lenses furnished by an optometrist shall furnish the patient with
written recommendations to return to the prescribing optometrist for evaluation
of the contact lens fitting.

(D)
Any supplier, including an optometrist who is a supplier, may advertise to
inform the general public of the price that the supplier charges for any vision
correcting item, device, or procedure. Any such advertisement shall specify the
following:

(2)
In the case of lenses, whether the price applies to single-vision or multifocal
lenses;

(3)
In the case of contact
lenses, whether the price applies to rigid or soft lenses and whether there is
an additional charge related to the fitting and determination of the type of
contact lenses to be worn that is not included in the price of the eye
examination.

(E)
The
state board of optometry shall not adopt any rule that restricts the right to
advertise as permitted by division (D) of this section.

(F)
Any municipal corporation code,
ordinance, or regulation or any township resolution that conflicts with a
supplier's right to advertise as permitted by division (D) of this section is
superseded by division (D) of this section and is invalid. A municipal
corporation code, ordinance, or regulation or a township resolution conflicts
with division (D) of this section if it restricts a supplier's right to
advertise as permitted by division (D) of this section.

(1)
"Regional advertisement" means an
advertisement published in more than one metropolitan statistical area in this
state or broadcast by radio or television stations in more than one
metropolitan statistical area in this state.

(2)
"National advertisement" means an
advertisement published in one or more periodicals or broadcast by one or more
radio or television stations in this state and also published in one or more
periodicals or broadcast by one or more radio or television stations in another
state.

(B)
The state
board of optometry shall not require any person who sells optical accessories
at more than one location to list in any regional or national advertisement the
name of the licensed optometrist practicing at a particular location, provided
that in addition to the requirement in division (B) of section
4725.13 of the Revised Code, the
name of the optometrist is prominently displayed at the location.

If while examining a person an optometrist detects evidence of
an ocular abnormality requiring further diagnosis or possible treatment that is
not included in the optometrist's practice of optometry, the optometrist shall
advise the patient to see a physician authorized to practice medicine and
surgery or osteopathic medicine and surgery. The optometrist shall include in
the patient's records an entry specifying that the notice required by this
section was given.

An optometrist licensed by the state board of optometry shall
promptly report to the board any instance of a clinically significant
drug-induced side effect in a patient due to the optometrist's administering,
employing, applying, or prescribing a topical ocular or therapeutic
pharmaceutical agent to or for the patient. The board, by rule adopted in
accordance with Chapter 119. of the Revised Code, shall establish reporting
procedures and specify the types of side effects to be reported. The
information provided to the board shall not include the name of or any
identifying information about the patient.

No person shall distribute, sell, or deliver any eyeglasses or
sunglasses manufactured after July 31, 1972, nor shall any person distribute,
sell, or deliver eyeglasses after December 31, 1972, or sunglasses after
December 31, 1973, which are not fitted with impact-resistant lenses, except in
those cases where a physician or optometrist prescribing eyeglasses or
sunglasses finds that impact-resistant lenses could not fulfill the visual
requirements of a particular patient and directs in writing the use of other
lenses, and gives written notification thereof to the patient. All
impact-resistant lenses shall be capable of withstanding an impact test in
which a five-eighths inch steel ball weighing approximately fifty-six
hundredths of an ounce is dropped from a height of fifty inches upon the
horizontal upper surface of the lens in the manner prescribed under federal
regulations.

(A)
An
individual whom the state board of optometry licenses to engage in the practice
of optometry may render the professional services of an optometrist within this
state through a corporation formed under division (B) of section 1701.03 of the
Revised Code, a limited liability company formed under Chapter 1705. of the
Revised Code, a partnership, or a professional association formed under Chapter
1785. of the Revised Code. This division does not preclude an optometrist from
rendering professional services as an optometrist through another form of
business entity, including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in accordance with
this chapter, another chapter of the Revised Code, or rules of the state board
of optometry adopted pursuant to this chapter.

(B)
A
corporation, limited liability company, partnership, or professional
association described in division (A) of this section may be formed for the
purpose of providing a combination of the professional services of the
following individuals who are licensed, certificated, or otherwise legally
authorized to practice their respective professions:

(1)
Optometrists who are authorized to practice optometry under Chapter 4725. of
the Revised Code;

(2)
Chiropractors who are authorized to practice chiropractic or acupuncture under
Chapter 4734. of the Revised Code;

(3)
Psychologists who are authorized to practice psychology under Chapter 4732. of
the Revised Code;

(4)
Registered
or licensed practical nurses who are authorized to practice nursing as
registered nurses or as licensed practical nurses under Chapter 4723. of the
Revised Code;

(5)
Pharmacists
who are authorized to practice pharmacy under Chapter 4729. of the Revised
Code;

(6)
Physical
therapists who are authorized to practice physical therapy under sections
4755.40 to 4755.56 of the Revised Code;

(7)
Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the Revised
Code;

(8)
Mechanotherapists who are authorized to practice mechanotherapy under section
4731.151 of the Revised Code;

(9)
Doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are authorized for their respective practices under Chapter
4731. of the Revised Code;

(10)
Licensed professional clinical counselors, licensed
professional counselors, independent social workers, social workers,
independent marriage and family therapists, or marriage and family therapists
who are authorized for their respective practices under Chapter 4757. of the
Revised Code.

This division shall apply
notwithstanding a provision of a code of ethics applicable to an optometrist
that prohibits an optometrist from engaging in the practice of optometry in
combination with a person who is licensed, certificated, or otherwise legally
authorized to practice chiropractic, acupuncture through the state chiropractic
board, psychology, nursing, pharmacy, physical therapy, occupational therapy, mechanotherapy, medicine and
surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, professional
counseling, social work, or marriage and family therapy, but who is not
also licensed, certificated, or otherwise legally authorized to engage in the
practice of optometry.

(A)
The state board of optometry shall charge the following nonrefundable fees:

(1)
One hundred thirty dollars for application for a certificate of
licensure;

(2)
Forty-five dollars for application for a therapeutic
pharmaceutical agents certificate, except when the certificate is to be issued
pursuant to division (A)(3) of section
4725.13 of the Revised Code, in
which case the fee shall be thirty-five dollars;

(3)
One hundred thirty dollars for renewal of a certificate of
licensure;

(6)
One
hundred twenty-five dollars for late completion or submission, or both, of continuing optometric
education;

(7)
One
hundred twenty-five dollars for late renewal of one or more certificates
that have expired;

(8)
Seventy-five dollars for reinstatement of one or more certificates classified
as delinquent under section
4725.16 of the Revised Code,
multiplied by the number of years the one or more certificates have been
classified as delinquent;

(9)
Seventy-five dollars for reinstatement of one or more certificates placed on
inactive status under section
4725.17 of the Revised
Code;

(10)
Seventy-five dollars for reinstatement under section
4725.171 of the Revised Code of
one or more expired certificates;

(11)
Additional fees to cover administrative costs incurred by the board, including
fees for replacing licenses issued by the board and providing rosters of
currently licensed optometrists. Such fees shall be established at a regular
meeting of the board and shall comply with any applicable guidelines or
policies set by the department of administrative services or the office of
budget and management.

(B)
The board, subject to the approval of the controlling board, may establish fees
in excess of the amounts specified in division (A) of this section if the fees
do not exceed the amounts specified by more than fifty per cent.

(C)
All receipts of the board, from any source, shall be deposited in the state
treasury to the credit of the occupational licensing and regulatory
fund.

(1)
Spectacles or other instruments or devices that are not contact lenses, if the
spectacles or other instruments or devices may aid or correct human vision and
have been prescribed by a physician or optometrist licensed by any
state;

(2)
Contact
lenses, regardless of whether they address visual function, if they are
designed to fit over the cornea of the eye or are otherwise designed for use in
or on the eye or orbit.

All contact lenses
shall be dispensed only in accordance with a valid written prescription
designated for contact lenses, including the following:

(d)
Any other contact devices determined by the Ohio optical dispensers board to be
contact lenses.

(B)
"Optical dispensing" means interpreting but not altering a prescription of a
licensed physician or optometrist and designing, adapting, fitting, or
replacing the prescribed optical aids, pursuant to such prescription, to or for
the intended wearer; duplicating lenses, other than contact lenses, accurately
as to power without a prescription; and duplicating nonprescription eyewear and
parts of eyewear. "Optical dispensing" does not include selecting frames,
placing an order for the delivery of an optical
aid, transacting a sale, transferring an optical aid to the wearer after
an optician has completed fitting it, or providing instruction in the general
care and use of an optical aid, including placement, removal, hygiene, or
cleaning.

(C)
"Licensed dispensing optician" means a person holding a current, valid license
issued under sections
4725.47 to
4725.51 of the Revised Code that
authorizes the person to engage in optical dispensing. Nothing in this chapter
shall be construed to permit a licensed dispensing optician to alter the
specifications of a prescription.

(D)
"Licensed spectacle dispensing optician" means a licensed dispensing optician
authorized to engage in both of the following:

(H)
"Prescription" means the written or verbal directions or instructions as
specified by a physician or optometrist licensed by any state for preparing an
optical aid for a patient.

(I)
"Supervision" means the provision of direction and control through personal
inspection and evaluation of work.

(J)
"Licensed ocularist" means a person holding a current, valid license issued
under sections 4725.48 to
4725.51 of the Revised Code to
engage in the practice of designing, fabricating, and fitting artificial eyes
or prostheses associated with the appearance or function of the human
eye.

Beginning one year after March 22, 1979, no person shall engage
in optical dispensing or hold himself out as being engaged in optical
dispensing, except as authorized under section
4725.47 of the Revised Code,
unless he has fulfilled the requirements of sections
4725.48 to
4725.51 of the Revised Code and
has been certified as a licensed dispensing optician by the Ohio optical
dispensers board. No person shall engage in the designing, fabricating, and
fitting of an artificial eye or of prostheses associated with the appearance or
function of the human eye unless he is licensed as an ocularist under sections
4725.48 to
4725.51 of the Revised Code.

(A)
Each licensed spectacle dispensing optician shall
complete two hours of study in prepackaged soft contact lens dispensing
approved by the Ohio optical dispensers board under section
4725.51 of the Revised Code. The
two hours of study shall be completed as follows:

(1)
Each licensed spectacle dispensing optician who holds
the license on the effective date of this amendment shall complete the two
hours of study not later than December 31, 2015.

(2)
Each licensed spectacle dispensing optician who
receives the license after the effective date of this amendment shall complete
the two hours of study not later than the thirty-first day of December of the
year the license is issued.

(B)
Beginning January 1, 2016, a licensed spectacle dispensing optician may
dispense prepackaged soft contact lenses if both of the following
are the case:

(1)
The licensed spectacle dispensing optician has
completed two hours of study in prepackaged soft contact lens dispensing in
accordance with division (A) of this section.

(2)
The only action necessary is to match the
description of the contact lenses that is on the packaging to a written
prescription.

(A)
There is
hereby created the Ohio optical dispensers board, consisting of nine members:

(1)
Five dispensing opticians, at least one
of whom shall be a contact lens dispensing optician and at least one of whom
shall be a spectacle dispensing optician, licensed under sections
4725.48 to
4725.51 of the Revised Code,
except as otherwise provided in this division;

(2)
One physician licensed by the state
medical board who engages in the practice of ophthalmology;

(4)
Two
members of the public who have no direct financial interest in or any other
interest in the provision of optical aids or the performance of optical
dispensing services. At least one of these members of the public shall be at
least sixty years of age. The initial dispensing optician members of the board
shall meet the criteria for licensure as licensed dispensing opticians
specified in section
4725.47 of the Revised Code.

(B)
The governor, with
the advice and consent of the senate, shall make appointments to the board.
Terms of office shall be for five years, each term commencing on the
twenty-third day of March and ending on the twenty-second day of March. Each
member of the board shall hold office from the date of his appointment until
the end of the term for which he was appointed, except that if a successor
member has not been appointed by the end of the term, the member shall continue
in office until such appointment. No member shall serve more than two
consecutive terms. Any vacancy occurring prior to the expiration of a member's
term shall be filled in the same manner as the original appointment. A member
appointed to fill a vacancy shall hold office for the remainder of the
unexpired term of the predecessor member of the board.

The Ohio optical dispensers board shall elect a president and
such other officers from its members, as may be prescribed by rule. The
officers of the board shall hold their respective offices for a term of one
year. The board shall meet at least once in each calendar year in Columbus. A
majority of the board shall constitute a quorum for the purpose of conducting
business of the board. No action of the board is valid without the concurrence
of five members. The board shall also meet at such additional times and in such
places as are specified by rule or directed by the president, or pursuant to a
written request submitted to the executive secretary-treasurer by two other
officers or by any two members.

(A)
The Ohio
optical dispensers board shall be responsible for the administration of
sections 4725.40 to
4725.59 of the Revised Code and,
in particular, shall process applications for licensure as licensed dispensing
opticians and ocularists; schedule, administer, and supervise the qualifying
examinations for licensure or contract with a testing service to schedule,
administer, and supervise the qualifying examination for licensure; issue
licenses to qualified individuals; revoke and suspend licenses; and maintain
adequate records with respect to its operations and responsibilities.

(B)
The
board shall adopt, amend, or rescind rules, pursuant to Chapter 119. of the
Revised Code, for the licensure of dispensing opticians and ocularists, and
such other rules as are required by or necessary to carry out the
responsibilities imposed by sections
4725.40 to
4725.59 of the Revised Code,
including rules establishing criminal records check requirements under section
4776.03 of the Revised Code
and rules establishing disqualifying offenses for
licensure as a dispensing optician or certification as an apprentice dispensing
optician pursuant to sections
4725.48,
4725.52,
4725.53, and
4776.10 of the Revised
Code.

(C)
The board
shall have no authority to adopt rules governing the employment of dispensing
opticians, the location or number of optical stores, advertising of optical
products or services, or the manner in which optical products can be
displayed.

(A)
The
Ohio optical dispensers board shall employ an executive secretary-treasurer,
who shall serve at the pleasure of the board. Before entering upon the
discharge of the duties imposed upon the executive secretary-treasurer by
sections 4725.40 to
4725.59 of the Revised Code or by
the board, the executive secretary-treasurer shall give a bond, with sufficient
sureties, in an amount to be determined by the board for the faithful discharge
of the duties of the office of executive secretary-treasurer. The premium for
such bond shall be paid as are other expenditures of the board. Such bond, with
the approval of the board and oath of office endorsed thereon, shall be
deposited with the secretary of state and kept in the secretary of state's
office.

(B)
The executive
secretary-treasurer shall perform such duties as are prescribed by the board.

(C)
The board may employ such
additional employees as may be necessary for the administration and enforcement
of sections
4725.40 to
4725.59 of the Revised Code.

(D)
All receipts of the board
shall be deposited in the state treasury to the credit of the occupational
licensing and regulatory fund. All vouchers of the board shall be approved by
the president of the board and the executive secretary-treasurer.

(E)
The board, subject to the approval of the
controlling board, may establish examination and license renewal fees in excess
of the amounts provided in sections
4725.48,
4725.49, and
4725.51 of the Revised Code,
provided that such fees do not exceed those amounts by more than fifty per
cent.

(A)
Each member of the Ohio optical dispensers board shall receive compensation
pursuant to division (J) of section
124.15 of the Revised Code, but
shall not receive step advancements, for each day actually employed in the
discharge of his official duties, and his actual and necessary expenses.

(B)
The executive
secretary-treasurer shall receive compensation as fixed by the board and his
actual and necessary expenses incurred in the discharge of his official duties.

(A)
Within one year from the effective date of this section, any person who has or
is engaged in optical dispensing and who desires to continue or recommence the
practice of optical dispensing without having to satisfy the requirements of
sections 4725.48 to
4725.50 of the Revised Code, shall
submit a properly completed written application on an approved form,
accompanied by a fee of fifty dollars, to the Ohio optical dispensers board.
The application shall contain information sufficient to establish that the
applicant:

(2)
Is of good moral
character, as defined by rules adopted under division (B) of section
4725.44 of the Revised Code;

(3)
Is free of contagious or
infectious disease, as defined by rules adopted under division (B) of section
4725.44 of the Revised Code;

(4)
Is a graduate of an accredited
high school of any state, or has received an education equivalent thereto; and

(5)
Has successfully completed a
course, as prescribed by board rule, in a school for optical dispensing
education approved by the board, or has had at least one year of optical
dispensing experience, as prescribed by rule of the board, or has completed a
combination of such prescribed schooling and experience, as prescribed by rule
of the board. The applicant shall submit sufficient proof, as determined by
rule of the board, of the completion of such schooling or experience.

(B)
If an application
submitted under division (A) of this section establishes that the applicant
meets the criteria set forth therein, the board shall license the applicant as
a licensed dispensing optician of the state. Such licensee shall be designated
as a spectacle dispensing optician, contact lens dispensing optician, or
spectacle-contact lens dispensing optician, in accordance with the requirements
of sections
4725.40 to
4725.59 of the Revised Code.

(C)
Any license issued under this
section shall be renewed in accordance with section
4725.51 of the Revised Code.

(A)
Any person
who desires to engage in optical dispensing, except as provided in section
4725.47 of the Revised Code, shall
file a properly completed written application for an examination with the Ohio
optical dispensers board or with the testing service the board has contracted
with pursuant to section
4725.49 of the Revised Code. The
application for examination shall be made on a form provided by the board or
testing service and shall be accompanied by an examination fee the board shall
establish by rule. Applicants must return the application to the board or
testing service at least sixty days prior to the date the examination is
scheduled to be administered.

(B)
Except as provided in section
4725.47 of the Revised Code, any
person who desires to engage in optical dispensing shall file a properly
completed written application for a license with the board with a licensure
application fee of fifty dollars.

No person shall be
eligible to apply for a license under this division, unless the person is at
least eighteen years of age, is free of contagious or infectious disease, has received
a passing score, as determined by the board, on the examination administered
under division (A) of this section, is a graduate of an accredited high school
of any state, or has received an equivalent education and has successfully
completed either of the following:

(1)
Two
years of supervised experience under a licensed dispensing optician,
optometrist, or physician engaged in the practice of ophthalmology, up to one
year of which may be continuous experience of not less than thirty hours a week
in an optical laboratory;

(2)
A
two-year college level program in optical dispensing that has been approved by
the board and that includes, but is not limited to, courses of study in
mathematics, science, English, anatomy and physiology of the eye, applied
optics, ophthalmic optics, measurement and inspection of lenses, lens grinding
and edging, ophthalmic lens design, keratometry, and the fitting and adjusting
of spectacle lenses and frames and contact lenses, including methods of fitting
contact lenses and post-fitting care.

(C)
Any
person who desires to obtain a license to practice as an ocularist shall file a
properly completed written application with the board accompanied by the
appropriate fee and proof that the applicant has met the requirements for
licensure. The board shall establish, by rule, the application fee and the
minimum requirements for licensure, including education, examination, or
experience standards recognized by the board as national standards for
ocularists. The board shall issue a license to practice as an ocularist to an
applicant who satisfies the requirements of this division and rules adopted
pursuant to this division.

(1)
Subject to
divisions (D)(2), (3), and (4) of this section, the board shall not adopt,
maintain, renew, or enforce any rule that precludes an individual from
receiving or renewing a license as a dispensing optician issued under sections
4725.40 to
4725.59 of the Revised Code due to
any past criminal activity or interpretation of moral character, unless the
individual has committed a crime of moral turpitude or a disqualifying offense
as those terms are defined in section
4776.10 of the Revised Code. If
the board denies an individual a license or license renewal, the reasons for
such denial shall be put in writing.

(2)
Except as
otherwise provided in this division, if an individual applying for a license
has been convicted of or pleaded guilty to a misdemeanor that is not a crime of
moral turpitude or a disqualifying offense less than one year prior to making
the application, the board may use its discretion in granting or denying the
individual a license. Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded guilty to a
felony that is not a crime of moral turpitude or a disqualifying offense less
than three years prior to making the application, the board may use its
discretion in granting or denying the individual a license. The provisions in
this paragraph do not apply with respect to any offense unless the board, prior
to the effective date of this amendment, was required or authorized to deny the
application based on that offense.

In all other circumstances, the board shall follow the
procedures it adopts by rule that conform to division (D)(1) of this
section.

(3)
In
considering a renewal of an individual's license, the board shall not consider
any conviction or plea of guilty prior to the initial licensing. However, the
board may consider a conviction or plea of guilty if it occurred after the
individual was initially licensed, or after the most recent license
renewal.

(4)
The board
may grant an individual a conditional license that lasts for one year. After
the one-year period has expired, the license is no longer considered
conditional, and the individual shall be considered fully
licensed.

(A)
The Ohio optical dispensers board may
provide for the examination of applicants by designing, preparing, and
administering the qualifying examinations or by contracting with a testing
service that is nationally recognized as being capable of determining
competence to dispense optical aids as a licensed spectacle dispensing
optician, a licensed contact lens dispensing optician, or a licensed
spectacle-contact lens dispensing optician. Any examination used shall be
designed to measure specific performance requirements, be professionally
constructed and validated, and be independently and objectively administered
and scored in order to determine the applicant's competence to dispense optical
aids.

(B)
The board shall ensure
that it, or the testing service it contracts with, does all of the following:

(1)
Provides public notice as to the date,
time, and place for each examination at least ninety days prior to the
examination;

(2)
Offers each
qualifying examination at least twice each year in Columbus, except as provided
in division (C) of this section;

(3)
Provides to each applicant all forms
necessary to apply for examination;

(4)
Provides all materials and equipment
necessary for the applicant to take the examination.

(C)
If the number of applicants for any
qualifying examination is less than ten, the examination may be postponed. The
board or testing service shall provide the applicant with written notification
of the postponement and of the next date the examination is scheduled to be
administered.

(D)
No limitation
shall be placed upon the number of times that an applicant may repeat any
qualifying examination, except that, if an applicant fails an examination for a
third time, the board may require that the applicant, prior to retaking the
examination, undergo additional study in the areas of the examination in which
the applicant experienced difficulty.

(A)
Except for a person who qualifies for licensure as an ocularist, each person
who qualifies for licensure under sections
4725.40 to
4725.59 of the Revised Code shall
receive from the Ohio optical dispensers board, under its seal, a certificate
of licensure entitling the person to practice as a licensed spectacle
dispensing optician, licensed contact lens dispensing optician, or a licensed
spectacle-contact lens dispensing optician. The appropriate certificate of
licensure shall be issued by the board no later than sixty days after it has
notified the applicant of the applicant's approval for licensure.

(B)
Each licensed dispensing optician
shall display the licensed dispensing optician's certificate of
licensure in a conspicuous place in the licensed dispensing optician's office or
place of business. If a licensed dispensing optician maintains more than one
office or place of business, the licensed dispensing optician shall display a
duplicate copy of such certificate at each location. The board shall issue
duplicate copies of the appropriate certificate of licensure for this purpose
upon the filing of an application form therefor and the payment of a
five-dollar fee for each duplicate copy.

(A)
As used in this section, "license" and
"applicant for an initial license" have the same meanings as in section
4776.01 of the Revised Code,
except that "license" as used in both of those terms refers to the types of
authorizations otherwise issued or conferred under this chapter.

(B)
In addition to any other eligibility
requirement set forth in this chapter, each applicant for an initial license
shall comply with sections
4776.01 to
4776.04 of the Revised Code. The
Ohio optical dispensers board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections
4776.01 to
4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a license issued pursuant to
section 4725.50 or
4725.57 of the Revised Code.

(1)
Each license issued under sections
4725.40 to
4725.59 of the Revised Code
shall expire on the first day of January in the year after it was issued. Each
person holding a valid, current license may apply to the Ohio optical
dispensers board for the extension of the license under the standard renewal
procedures of Chapter 4745. of the Revised Code. Each application for renewal
shall be accompanied by a renewal fee the board shall establish by rule. In
addition, except as provided in division (A)(2) of this
section, the application shall contain evidence that the applicant has
completed continuing education within the immediately preceding one-year period
as follows:

(a)
Licensed
spectacle dispensing opticians shall have pursued both of the following,
approved by the board:

(d)
Licensed
ocularists shall have pursued courses of study as prescribed by rule of the
board.

(2)
An application for the initial renewal of a license
issued under sections
4725.40 to
4725.55 of the Revised Code is
not required to contain evidence that the applicant has completed the
continuing education requirements of division (A)(1) of this
section.

(B)
No person who fails to renew the person's license under division (A) of this
section shall be required to take a qualifying examination under section
4725.48 of the Revised Code as a
condition of renewal, provided that the application for renewal and proof of
the requisite continuing education hours are submitted within ninety days from
the date the license expired and the applicant pays the annual renewal fee and
a penalty of seventy-five dollars. The board may provide, by rule, for an
extension of the grace period for licensed dispensing opticians who are serving
in the armed forces of the United States or a reserve component of the armed
forces of the United States, including the Ohio national guard or the national
guard of any other state and for waiver of the continuing education
requirements or the penalty in cases of hardship or illness.

(C)
The board shall approve continuing education programs and shall adopt rules as
necessary for approving the programs. The rules shall
permit programs to be conducted either in person or through electronic or other
self-study means. Approved programs shall be scheduled, sponsored, and
conducted in accordance with the board's rules.

Any licensed dispensing
optician may supervise a maximum of three apprentices who shall be permitted to
engage in optical dispensing only under the supervision of the licensed
dispensing optician.

To serve as an
apprentice, a person shall register with the Ohio optical dispensers board
either on a form provided by the board or in the form of a statement giving the
name and address of the supervising licensed dispensing optician, the location
at which the apprentice will be employed, and any other information required by
the board. For the duration of the apprenticeship, the apprentice shall
register annually on the form provided by the board or in the form of a
statement.

The board shall not deny registration as an apprentice under
this section to any individual based on the individual's past criminal history
or an interpretation of moral character unless the individual has committed a
disqualifying offense or crime of moral turpitude as those terms are defined in
section 4776.10 of the Revised Code.
Except as otherwise provided in this division, if an individual applying for a
registration has been convicted of or pleaded guilty to a misdemeanor that is
not a crime of moral turpitude or a disqualifying offense less than one year
prior to making the application, the board may use its discretion in granting
or denying the individual a registration. Except as otherwise provided in this
division, if an individual applying for a registration has been convicted of or
pleaded guilty to a felony that is not a crime of moral turpitude or a
disqualifying offense less than three years prior to making the application,
the board may use its discretion in granting or denying the individual a
registration. The provisions in this paragraph do not apply with respect to any
offense unless the board, prior to the effective date of this amendment, was
required or authorized to deny the registration based on that
offense.

In all other circumstances, the board shall follow the
procedures it adopts by rule that conform to this section. In considering a
renewal of an individual's registration, the board shall not consider any
conviction or plea of guilty prior to the initial registration. However, the
board may consider a conviction or plea of guilty if it occurred after the
individual was initially registered, or after the most recent registration
renewal. If the board denies an individual for a registration or registration
renewal, the reasons for such denial shall be put in writing. Additionally, the
board may grant an individual a conditional registration that lasts for one
year. After the one-year period has expired, the registration is no longer
considered conditional, and the individual shall be considered fully
registered.

A person who is gaining
experience under the supervision of a licensed optometrist or ophthalmologist
that would qualify the person under division (B)(1) of section
4725.48 of the Revised Code to
take the examination for optical dispensing is not required to register with
the board.

(A)
The Ohio
optical dispensers board, by a majority vote of its members, may refuse to
grant a license and, in accordance with Chapter 119. of the Revised Code, may
suspend or revoke the license of a licensed dispensing optician or impose a
fine or order restitution pursuant to division (B) of this section on any of
the following grounds:

(1)
Conviction
of a crime involving moral
turpitude or a disqualifying offense as those terms are
defined in section
4776.10 of the Revised
Code;

(2)
Obtaining or
attempting to obtain a license by fraud or deception;

(3)
Obtaining any fee or making any sale of an optical aid by means of fraud or
misrepresentation;

(4)
Habitual
indulgence in the use of controlled substances or other habit-forming drugs, or
in the use of alcoholic liquors to an extent that affects professional
competency;

(5)
Finding by a
court of competent jurisdiction that the applicant or licensee is incompetent
by reason of mental illness and no subsequent finding by the court of
competency;

(6)
Finding by a
court of law that the licensee is guilty of incompetence or negligence in the
dispensing of optical aids;

(7)
Knowingly permitting or employing a person whose license has been suspended or
revoked or an unlicensed person to engage in optical dispensing;

(9)
Engaging in optical dispensing not pursuant to the prescription of a licensed
physician or licensed optometrist, but nothing in this section shall prohibit
the duplication or replacement of previously prepared optical aids, except
contact lenses shall not be duplicated or replaced without a written
prescription;

(11)
Waiving the
payment of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or plan that
covers optical dispensing services, would otherwise be required to pay if the
waiver is used as an enticement to a patient or group of patients to receive
health care services from that provider.

(12)
Advertising that the licensee will waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers optical
dispensing services, would otherwise be required to pay.

(B)
The
board may impose a fine of not more than five hundred dollars for a first
occurrence of an action that is grounds for discipline under this section and
of not less than five hundred nor more than one thousand dollars for a
subsequent occurrence, or may order the licensee to make restitution to a
person who has suffered a financial loss as a result of the licensee's failure
to comply with sections
4725.40 to
4725.59 of the Revised
Code.

(C)
Notwithstanding divisions (A)(11) and (12) of this section, sanctions shall not
be imposed against any licensee who waives deductibles and copayments:

(1)
In
compliance with the health benefit plan that expressly allows such a practice.
Waiver of the deductibles or copays shall be made only with the full
knowledge and consent of the plan purchaser, payer,
and third-party administrator. Such consent shall be made available to the
board upon request.

(2)
For
professional services rendered to any other person licensed pursuant to this
chapter to the extent allowed by this chapter and the rules of the
board.

On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
Ohio optical dispensers board shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a license issued by the board pursuant to this chapter.

(A)
Any person
having knowledge of a violation of sections
4725.40 to
4725.59 of the Revised Code by a
licensed dispensing optician or an apprentice, or of any other ground specified
in section
4725.53 of the Revised Code for
denying, suspending, or revoking a license, may submit a written complaint,
specifying the precise violations or grounds, to the Ohio optical dispensers
board. If the board determines, in accordance with the procedures of Chapter
119. of the Revised Code, that the charges are sustained by the evidence
presented, it may suspend or revoke the license of the person against whom the
charges were preferred.

(B)
If the
board discovers or is informed that any person is or has been engaged in
optical dispensing without having received a license under sections
4725.40 to
4725.59 of the Revised Code, it
shall inform the prosecuting attorney for the county in which the alleged
unlicensed activity took place. The prosecuting attorney shall take all legal
action necessary to terminate such illegal practice of optical dispensing and
to prosecute the offender under section
4725.41 of the Revised Code.

(C)
In addition to other remedies
provided in this chapter, the board may request the attorney general or the
prosecuting attorney of a county in which a violation of sections
4725.40 to
4725.59 of the Revised Code occurs
to apply to the court of common pleas of the county for an injunction to
restrain the activity that constitutes a violation.

(A)
Sell or barter, or offer to sell or
barter, a certificate of licensure as a dispensing optician issued under
sections 4725.40 to
4725.59 of the Revised Code;

(B)
Use, or attempt to use, a
license which is illegally purchased or acquired under division (A) of this
section, obtained by fraud or deception, counterfeited, materially altered or
otherwise modified without prior approval of the Ohio optical dispensers board,
or suspended or revoked under section
4725.53 or
4725.54 of the Revised Code;

(C)
Materially alter or otherwise
modify a license in any manner, unless authorized by the Ohio optical
dispensers board;

(D)
Willfully
and knowingly make any false statement in an application required under
sections 4725.40 to
4725.59 of the Revised Code.

No licensed dispensing optician, or employee or agent of a
licensed dispensing optician shall pay or offer to pay a rebate or commission
of any nature, or offer any other thing of value, to a licensed physician or
licensed optometrist for referring patients to the licensed dispensing
optician.

An applicant for
licensure as a licensed dispensing optician who is licensed or registered in
another state shall be accorded the full privileges of practice within this
state, upon the payment of a fifty-dollar fee and the submission of a
certified copy of the license or certificate issued by such other state,
without the necessity of examination, if the board determines that the
applicant meets the remaining requirements of division (B) of section
4725.48 of the Revised Code.
The board may require that the applicant have received
a passing score, as determined by the board, on an examination that is
substantially the same as the examination described in division (A) of section
4725.48 of the Revised
Code.

After each licensed contact lens dispensing optician has
dispensed contact lenses pursuant to the written prescription of a licensed
physician or a licensed optometrist, the licensee shall, in writing,
immediately inform the patient to return back to the prescribing physician or
optometrist for final evaluation.

(1)
A physician
authorized under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery, or to persons while in the
employment and under the supervision of physician at the physician's office;

(2)
An optometrist licensed under
sections 4725.01 to
4725.34 of the Revised Code, or to
persons while in the employment and under the supervision of an optometrist at
the optometrist's office.

(B)
Nothing in sections
4725.40 to 4725.59 of the Revised
Code shall prevent or restrict any individual, firm, or corporation from
employing or from engaging in optical dispensing through persons licensed or
registered under such sections.

(A)
Whoever violates section
4725.02 of the Revised Code shall
be fined not more than five hundred dollars for a first offense; for each
subsequent offense such person shall be fined not less than five hundred nor
more than one thousand dollars, or imprisoned not less than six months nor more
than one year.

(B)
Whoever
violates section
4725.41 of the Revised Code is
guilty of a misdemeanor of the second degree for a first offense, and a
misdemeanor of the first degree for each subsequent offense.

(C)
Whoever violates section
4725.55 or
4725.56 of the Revised Code is
guilty of a misdemeanor of the second degree.

(D)
Whoever violates division (A) of section
4725.21 of the Revised Code is
guilty of a minor misdemeanor for a first offense; for each subsequent offense,
such person is guilty of a misdemeanor of the second degree. Any violation
constitutes a separate offense on each successive day continued.

(E)
Whoever violates section
4725.32 of the Revised Code is
guilty of a misdemeanor of the third degree.

(F)
Whoever violates section
4725.22 of the Revised Code is
guilty of a minor misdemeanor for a first offense; for each subsequent offense,
such person shall be fined up to one thousand dollars.